Asia & Australia

January 12, 2018

Divorce cases rise due to extramarital affairs: Gujarat HC


The Gujarat High Court has blamed infidelity for the increase in divorce cases in the society.

Discarding a petition filed by a husband to terminate an FIR against him and his parents under Domestic Violence Act, Justice J B Pardiwala said that, “It appears that husband, his wife and their two children were one happy family until one another lady by name ‘X’ came in the life of the husband.”

Observing that Infidelity can occur even in the strongest of the marital relationship, the court said, “An extramarital challenges the sanctity and strength of a relationship, causing turmoil in personal and social world of the people.”

“I take notice of the fact that one daughter has attained majority. The family will have to search for a good match for her. With such problems in the family, the daughter may not easily get a good match. This is one very peculiar problem.

Unfortunately, in the Indian Society, the good virtues of the girl would not be seen if the father or the mother has a problem,” the court said.

Quoting Dr. Scott Haltzman, an expert on infidelity and marriage, Justice Pardiwala had said that an extramarital affair wreaks havoc, bringing in several negative effects; causing unbearable emotional pain and mental trauma for the faithful partner who never even imagined undergoing through such a phase.

As per Section 497 of the Indian Penal Code, which deals with adultery, a woman cannot be punished for the offence of adultery. Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offense in India.

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